Delaware Legal Information
In 2011, the Delaware state legislature approved Senate Bill 17, the Delaware Medical Marijuana Act, making it legal for a patient with a registry identification card to use and possess cannabis for medical purposes and designate a caregiver. Registered patients and designated caregivers may possess up to six (6) ounces of usable cannabis; no personal cultivation is allowed. Qualifying patients and caregivers are protected from discrimination with employment, education, housing, parental rights, or medical care, including transplants. Delaware lawmakers adopted regulations for the Medical Marijuana Program in 2012; however, before the regulations were finalized, the program was suspended by Governor Jack Markell as the result of a letter sent to him from the U.S. Attorney for Delaware, threatening legal action against state employees. In August 2013, Gov. Markell lifted the suspension and the Department of Health and Social Services completed the process of implementing regulations. The state's first compassion center is set to opened 2014, just west of Wilmington. Two more dispensaries were licensed in 2016.
In 2015, 3 legislative updates were made to the program. SB 7 made technical changes to the oversight commission, while SB 138 authorized the research studies to be conducted to the states. The most notable change was SB 90, which allows for pediatric access to cannabis extract oils with less than 7% THC.
In This Section
In 2011, the Delaware state legislature approved Senate Bill 17, the Delaware Medical Marijuana Act making it legal for a patient with a Delaware registry identification card to use cannabis for medical purposes. Patients with a valid registry identification card are protected from arrest so long as they have no more than six (6) ounces of usable cannabis and are otherwise in compliance with state law. Police officers may verify an ID card's validity with the Department of Health and Social Services (DHSS). Designated caregivers with registry ID cards are similarly protected insofar as they are assisting their designated patient or patients.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.
It is legal for a patient with a Delaware registry identification card to use cannabis for medical purposes and to appoint a designated caregiver to assist them. Personal cultivation of cannabis, however, is prohibited in Delaware.
Medical professionals recommending medical cannabis must be a physician properly licensed in the state of Delaware subject to Chapter 17 of Title 24. Only state licensed psychiatrist can recommend medical cannabis for post-traumatic stress disorder. Physicians must state that their patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.
Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. This section includes an overview of state requirements and links to necessary forms and applications.